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Mascoutah City Zoning Code

ARTICLE XV

AMENDMENTS

Sec. 34-15-1.- City council action.

The city council may from time to time, on its own motion or on petition, amend, supplement, change, modify, or repeal by ordinance the boundaries of districts or regulations, or restrictions herein established.

Sec. 34-15-2. - Change by petition.

Applications for amendment, supplement, or modification change of the official zoning, including petitions for annexation, map may be made by any owner or his attorney-in-fact who wants their land to be rezoned/annexed. If such application is made by the owner's attorney, he shall enter upon the application the name and current mailing address of the owner. Satisfactory evidence of ownership shall be provided at the time of application. Such application shall be made upon forms prescribed by the planning commission and duly filed with the commission. The application shall include:

(a)

A legal description of the property to be rezoned or annexed.

(b)

A parcel map obtained from the St. Clair County Supervisor of Assessments Office outlining the property to be rezoned or annexed.

(c)

Proof of ownership of the property.

(d)

A list containing the names and addresses of all owners of property located within 250 feet of the property to be rezoned/annexed.

(e)

A fee as required by the city.

(Sec. 15.1; Ord. No. 10-15, § 1, 9-20-10)

Sec. 34-15-3. - Change by city council or planning commission.

Recommendations for revision, or amendment of this Code, including the official zoning map, may also be made by the planning commission upon its own motion, for final determination by the city council. Likewise, the city council may revise, modify, or amend this Code, including the official zoning map, upon its own motion.

(Sec. 15.2)

Sec. 34-15-4. - Planning commission review.

Any proposed amendment, supplement, change, modification or repeal shall be first submitted to the planning commission. The commission shall review the application, hold a public hearing in accordance with the procedures set forth in this section, approve or deny the application, and submit a report of its recommendations to the city council within 45 days. All proposals are subject to review by other boards and commissions of the city as appropriate.

(Sec. 15.3; Ord. No. 08-04, § 1, 2-4-08; Ord. No. 10-15, § 1, 9-20-10)

Sec. 34-15-5. - Public hearing.

Notice shall be given of the time and place of the hearing, not more than 30 nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within the city. If any amendment, change or modification recommends a change in the district boundaries by rezoning of certain property, then such notice shall, in addition to the legal description of the property, contain a commonly recognized designation or address.

(Sec. 15.4; Ord. No. 08-04, § 1, 2-4-08)

Sec. 34-15-6. - Notice to owners.

In addition, where the proposed amendment recommends a change in the district boundaries by rezoning of property, the city clerk shall mail notice of the proposed rezoning to all owners of property which are located within 250 feet of any part of the property being considered for rezoning action at least 15 days prior to the time the planning commission holds a public hearing on the rezoning.

(Sec. 15.5; Ord. No. 08-04, § 1, 2-4-08)

Sec. 34-15-7. - City council action.

An affirmative vote of two-thirds of the members of the city council shall be required to approve any rezoning request or to adopt any amendment to this Code.

(Sec. 15.6; Ord. No. 08-04, § 1, 2-4-08)

SUMMARY OF BULK REGULATIONS

Zoning District Minimum
Maximum Lot Size
Minimum Front Yard Minimum Side Yard Minimum Rear Yard Building
AG, Agricultural 5 acres 25 feet 10 feet 25 feet 20%
RS-10, Single-Family Residential 10,000 sq. ft. 25 feet 10 feet (25 feet combined) 25 feet 20%
RS-8, Single-Family Residential 8,000 sq. ft. 25 feet 10 feet (25 feet combined) 25 feet 20%
RS-5, Single-Family Residential 5,000 sq. ft. 20 feet 5 feet (15 feet combined) 20 feet 25%
RT, Two-Family Residential 6,000 sq. ft. 20 feet 5 feet (15 feet combined 25 feet 30%
RM, Multiple-Family Residential 5,000 sq. ft. (sf)
6,000 sq. ft. (duplex)
10,000 sq. ft. (mf and nonresidential uses)
25 feet 5 feet (sf)
6 feet (duplex)
6 inches/ft. of bldg. Height (mf and nonresidential uses)
25 feet 30%
RMH, Mobile Home Residential 4,000 sq. ft. 10 feet 10 feet 10 feet 40%
O, Office 5,000 sq. ft. 15 feet 0/10 feet 1 10 feet 30%
NC, Neighborhood Commercial 10,000 sq. ft. 25 feet 0/10 feet 1 10 feet 30%
DC, Downtown Commercial 5,000 sq. ft. 0 0/10 feet 1 10 feet 80%
GC, General Commercial 10,000 sq. ft. 25 feet 0/10 feet 1 20 feet 40%
LI, Light Industrial 20,000 sq. ft. 30 feet 5/25 feet 2 10/25 feet 3 40%
GI, General Commercial 20,000 sq. ft. 30 feet 5/25 feet 2 10/25 feet 3 40%
AP, Airport 20,000 sq. ft. 30 feet 5/25 feet 2 10/25 feet 3 40%
1. No side yard is required unless abutting residential in which case a ten-foot side yard is required.
2. A five-foot side yard is required unless abutting residential in which case a 25-foot side yard is required.
3. A ten-foot rear yard is required unless abutting residential in which case a 25-foot rear yard is required.